James Abrahams recently acted for the defendants in Xena Systems Ltd v Cantideck and Conquip Industrial [2013] EWPCC 1, a patent damages enquiry in the Patents County Court.
The claimant had originally sought up to £1.5m in damages caused by the defendants’ sale and rental of patented rolling platforms in the construction industry. Among the issues in dispute was the extent to which the defendants and third parties could have supplied non-infringing platforms, whether those fixed platforms were substitutable for the infringing platforms, and whether loss of the opportunity to supply convoyed services could be recovered.